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Vemuri Nagaraja sarma   16 August 2024

Filing divorce in america

WE HAVE MARRIED IN INDIA.  WE BOTH ARE STAYING IN AMERICA.   CAN I  APPLY DIVORCE IN AMERICA.



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 August 2024

Yes you can file divorce case in USA, but if she participates in it and it is a mutual consent divorce then it will be valid in India

N.K.Assumi (Advocate)     17 August 2024

I agree with the above responses. Foreign judgment can be enforced in India in two ways,  1.Judgments from foreign  courts in "reciprocating territories: can directly be filed in Indian courts for execution of decree, 2. "Non-reciprocating territories," can be executed only by filing a suit in Indian Courts for judgment based on foreign judgment, which is treated as evidentiary. Go through Section 44A of the CPC.

Vemuri Nagaraja sarma   18 August 2024

THANK U FOR THE EARLY REPLIES.    IT IS  EASY TO TAKE DECISION.   

 

T. Kalaiselvan, Advocate (Advocate)     19 August 2024

You are welcome for your appreciations. 


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